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Swimming Pool Zoning Laws and Fencing Requirements Township of Mount Laurel, Burlington County

June 12, 2018

Updated as of June 2018

www.ecode360.com

154-132Scope.

Pools used for swimming or bathing shall be in conformity with the requirements of this article; provided, however, that these regulations shall not be applicable to any such pool less than 24 inches deep or having a surface area less than 250 square feet, except when such pools are permanently equipped with a water-recirculating system or involve structural materials. For purposes of this article, pools are classified as “private swimming pools” or “public and semipublic swimming pools,” as defined in § 154-133.

154-133Classification.

Any constructed pool which is used or intended to be used as a swimming pool in connection with a single-family residence and available only to the family of the householder and his private guests shall be classified as a “private swimming pool.”

Any swimming pool other than a private swimming pool shall be classified as a “public or semipublic swimming pool.”

154-134Location.

The location of pools shall be as follows:

From property lines. The edge of such swimming pool shall be a minimum distance of six feet from any property line and a minimum distance of three feet from any fence.

From structures.

(1) 

Aboveground pools. No aboveground swimming pool shall be placed or constructed within six feet of a foundation wall.

(2) 

In-ground pools. In-ground pools shall be constructed in such a way that the distance from the inside face of the pool at the waterline to the outside face of any foundation walls shall be not less than the following:

(a) 

Slab-on-grade foundation walls; six feet.

(b) 

Basement and crawl space foundation walls: 1 1/2 times the depth of that portion of the pool adjacent to the foundation wall but not less than six feet. The land contour at the foundation wall must be higher than at the pool to ensure drainage away from the foundation walls.

Spas and hot tubs shall be a minimum of six feet from all property lines.

154-140Compliance required.

[Amended 12-1-2003 by Ord. No. 2003-30]

No person shall erect, build or maintain or permit to be erected, built or maintained, a fence enclosure except in strict compliance with the provisions of this article.

154-141Permit required.

[Amended 12-1-2003 by Ord. No. 2003-30]

It shall be unlawful to construct, enlarge or alter any fence unless and until a permit for such purpose has first been secured from the Zoning Officer.

154-142Height.

[Amended 12-1-2003 by Ord. No. 2003-30]

Any fence so erected or maintained shall be measured from the level of the ground on which such fence is erected, measured at right angles thereto.

Residential districts. The maximum fence height shall be six feet excluding any post ornaments in all residential districts, including residential areas within the Planned Unit Development (PUD) and Planned Adult Retirement Community (PARC).

Commercial, industrial, office and major commercial districts. The maximum fence height shall be six feet except that up to two feet of barbed wire may be added to the top of a six-foot fence for security reasons, with a total fence height not to exceed eight feet. Commercial and industrial facilities within the Planned Unit Developments are included in this section.

Recreation facilities. Fence heights for recreation facilities shall be as set forth in Chapter 138, Subdivision of Land.

Public schools, public utilities, municipal utility authority and Township facilities. As set forth in Subsection C above except that recreation facilities shall be as set forth in Subsection D above.

154-143Support.

All fences shall be secured, fastened or assured in such a manner as to prevent the fence from sagging or falling and shall be kept in good repair, including painting.

154-144Location.

Fences shall not be located within the front yard setback or the side yard setback when adjacent to a street. No fence shall be erected in a location that could affect proper sight distance at an intersection. No fence shall be erected in any landscaped or buffer easement unless approved by the Mount Laurel Township Council.

154-145Exceptions.

Any fence in existence on the effective date of the adoption date of this article may continue in existence without compliance with the provisions of this article, except that the fence shall be kept painted, where applicable, and in good repair. No fence which has had 25% or more of the total fence destroyed or removed shall be replaced except in compliance with the provisions of this article. If the destroyed fence is replaced in kind at the same location, no permit is needed if the previous fence had Township approval. New fences and total replacements at the same location need permits.

[Amended 12-1-2003 by Ord. No. 2003-30]

The provisions of this article shall not be applicable to those structures known as “two- or three-strand wire fences,” when used in conjunction with farming and/or livestock.[1]

[1]:

Editor’s Note: Former Subsections C and D, regarding certain exemptions, which subsections immediately followed this subsection, were repealed 12-1-2003 by Ord. No. 2003-30.

 154-146Fencing for pools.

The standards regarding fences around pools shall be as set forth in the BOCA National Building Code.

[Amended 11-17-1997 by Ord. No. 1997-29]

A natural barrier, hedge, pool cover or other protective device shall be in compliance with the International Building Code.

[Amended 12-1-2003 by Ord. No. 2003-30]

 

For more information on New Jersey pool fencing laws and regulations, or if you are interested in what designs work best around your pool, visit Carl’s at www.bycarls.com or call 732-504-3372.

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